United States v. Garrio
7:21-cr-00419
| S.D.N.Y. | Dec 27, 2024Background
- Brian Joseph Garrio, while employed as a truck driver, made violent threats against coworkers and an FBI special agent (Victim-1) using internal communications and social media.
- Garrio was arrested on federal charges and pled guilty to one count of stalking under 18 U.S.C. § 2261A(2)(B) without a plea deal.
- The government initially calculated his sentencing guidelines range as 41–51 months based on incomplete criminal history; the Probation Department later recalculated it as 46–57 months after finding additional convictions (Criminal History Category III).
- The court sentenced Garrio to 51 months' imprisonment and three years’ supervised release.
- Garrio appealed his sentence, which was affirmed by the Second Circuit, and then filed this motion under 28 U.S.C. § 2255 alleging ineffective assistance of counsel.
Issues
| Issue | Garrio's Argument | Government's Argument | Held |
|---|---|---|---|
| Guidelines Calculation | Counsel failed to object to erroneous criminal history and upward adjustment. | Calculation was correct; no objection warranted. | Calculation was correct; no ineffective assistance. |
| Adjournment of Sentencing | Counsel should have sought adjournment due to late government filing. | Counsel reviewed submission; no prejudice to defendant. | No ineffective assistance or prejudice. |
| Advice on Guilty Plea | Counsel misinformed about plea consequences, sentence, and coerced plea. | Garrio was properly informed in court; plea was voluntary. | No evidence of misadvice or coercion; claim denied. |
| Motion to Withdraw Plea | Counsel failed to move to withdraw involuntary plea. | No grounds for withdrawal; motion would be frivolous. | No duty to file frivolous motion; claim denied. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishing standard for ineffective assistance of counsel)
- Hill v. Lockhart, 474 U.S. 52 (1985) (ineffective assistance in the context of guilty pleas)
- United States v. Gordon, 156 F.3d 376 (2d Cir. 1998) (standard for attorney's duty during plea negotiations)
- United States v. Arteca, 411 F.3d 315 (2d Cir. 2005) (defendant's awareness of sentencing consequences in plea context)
- United States v. Torres, 129 F.3d 710 (2d Cir. 1997) (weight given to statements during plea allocution)
- United States v. Avellino, 136 F.3d 249 (2d Cir. 1998) (standard for withdrawal of guilty pleas)
- United States v. Nersesian, 824 F.2d 1294 (2d Cir. 1987) (no duty to file frivolous motions as ineffective assistance)